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Poster: Monte B Cowboy Date: Aug 12, 2013 7:17am
Forum: GratefulDead Subject: Re: What It’s Like to Tell NSA and DEA 'blow me!!'

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NSA loophole allows warrantless search for US citizens' emails and phone calls
by James Ball and Spencer Ackerman, The Guardian, August 9, 2013

Exclusive: Spy agency has secret backdoor permission to search databases for individual Americans' communications.

The National Security Agency has a secret backdoor into its vast databases under a legal authority enabling it to search for US citizens' email and phone calls without a warrant, according to a top-secret document passed to the Guardian by Edward Snowden.

— Detail of Section 702 of the Fisa Amendments Act (FAA) —
NSA has authority to target without warrant the communications of foreign targets
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document photograph by guardian.co.uk

The previously undisclosed rule change allows NSA operatives to hunt for individual Americans' communications using their name or other identifying information. Senator Ron Wyden told the Guardian that the law provides the NSA with a loophole potentially allowing "warrantless searches for the phone calls or emails of law-abiding Americans".

The authority, approved in 2011, appears to contrast with repeated assurances from Barack Obama and senior intelligence officials to both Congress and the American public that the privacy of US citizens is protected from the NSA's dragnet surveillance programs.

The intelligence data is being gathered under Section 702 of the of the Fisa Amendments Act (FAA), which gives the NSA authority to target without warrant the communications of foreign targets, who must be non-US citizens and outside the US at the point of collection.

The communications of Americans in direct contact with foreign targets can also be collected without a warrant, and the intelligence agencies acknowledge that purely domestic communications can also be inadvertently swept into its databases. That process is known as "incidental collection" in surveillance parlance.

But this is the first evidence that the NSA has permission to search those databases for specific US individuals' communications. [a.k.a. "blow me America!"]

A secret glossary document provided to operatives in the NSA's Special Source Operations division – which runs the Prism program and large-scale cable intercepts through corporate partnerships with technology companies – details an update to the "minimization" procedures that govern how the agency must handle the communications of US persons. That group is defined as both American citizens and foreigners located in the US.

read news story on The Guardian